Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
veterans disability law firm with disabilities are frequently taken advantage of by lawyers who use their benefits to make a profit. This is why you should hire a attorney who is accredited to handle VA claims.
A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder, and other mental health issues related to a deadly aircraft carrier crash has won a major victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed Monday the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims at a rate that is much higher than white veterans. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much more frequent rate than white veterans over the last three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, a former psychiatric nurse, claims that discrimination at the hands of VA has caused him, as well as other black vets to suffer in a manner that has affected their health, home life and employment as well as education. Monk wants the VA to pay him back for benefits that it has taken him out of and to amend its policies on race, discharge status and denial rates.
Monk and the veterans disability attorney Legal Services Clinic received 20 years of VA disability claim information last year via a Freedom of Information Act request which they filed on behalf of National Veterans Council for Legal Redress and the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. The average denial rate for veterans of color was 6.3 percent higher than white veterans.
Discrimination in PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The lawsuit is brought by a former Marine Corps vet who was denied housing and education as well as other benefits despite having been diagnosed with PTSD. The suit cites evidence indicating that VA officials have repeatedly rejected claims submitted by Black Veterans in a disproportionate manner.
Conley Monk served in the Marines as a volunteer during Vietnam War. He drove an unmarked transport vehicle and helped move equipment and troops into combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This “bad paper” did not allow him to get the home loan, tuition assistance and other benefits.
He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. He claims that the VA has a debt for the past denials of disability benefits. The suit asserts that he suffered emotional harm by reliving his most painful experiences on each application for benefits.
The lawsuit seeks monetary damages and also asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.
Alimony Discrimination
Veterans who have served our nation in uniform, or who are their companions deserve honest answers about veterans disability compensation and its impact on financial issues in divorce. One of the most common myths is that veterans can have their VA compensation seized to pay child support or alimony orders in state courts. It’s not true. Congress has carefully crafted the law found in Title 38, U.S. Code, to protect veterans’ payments from the claims of family members and creditors other than alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals, but his discharge was less than honorable due to the fact that he had two fights due to undiagnosed post-traumatic stress disorder. The fight to get the VA to grant his claim for disability compensation was a long, winding route.
He was denied benefits at a higher rate than white counterparts. This racial discrimination was systemic and pervasive, according the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals reviews claims for benefits if the claimant is dissatisfied with an assessment made by the agency. If you’re thinking of appealing an agency decision, it’s crucial to file an appeal in the earliest time possible. A lawyer who is experienced in appeals for veterans disability can help ensure that your appeal is compliant with all requirements and ensure that it receives a fair hearing.
A qualified lawyer can review the evidence used to justify your claim and present additional evidence in the event of need. A lawyer will also know the challenges involved in dealing with the VA and this could increase the level of understanding for your situation. This can be a huge advantage during your appeals procedure.
A veteran’s claim for disability is usually rejected because the agency was not able to accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated appropriately, giving you to get the benefits you’re entitled to. A lawyer who is qualified will be able of working with medical specialists to provide additional proof of your health condition. A medical professional is one example. They may be able to prove that your pain is a result of your service-related injury, and is in a way limiting. They might be able assist you in getting the medical records required to support your claim.
